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Diquat Dibromide - Proposed Revocations 4/99

[Federal Register: April 23, 1999 (Volume 64, Number 78)]
 [Proposed Rules]
 [Page 19961-19968]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap99-41]

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 ENVIRONMENTAL PROTECTION AGENCY

 40 CFR Parts 180, 185, and 186

 [OPP-300847; FRL-6076-4]
 RIN 2070-AC18

 Bentazon, Cyanazine, Dicrotophos, Diquat, Ethephon, Oryzalin,
 Oxadiazon, Picloram, Prometryn, and Trifluralin; Proposed Revocation s
 and Changes in Terminology

 AGENCY: Environmental Protection Agency (EPA).

 ACTION: Proposed Rule.

 -----------------------------------------------------------------------

 SUMMARY: This document proposes to revoke specific tolerances for
 residues of the herbicides bentazon, cyanazine, diquat, oxadiazon,
 picloram, prometryn, and trifluralin; the plant growth regulator
 ethephon; and the insecticide dicrotophos. EPA expects to determine
 whether any individuals or groups want to support these tolerances.  In
 addition, EPA is also proposing to revise commodity terminology for
 oryzalin, bentazon, diquat, ethephon, picloram, and trifluralin to
 conform to current Agency practice. The regulatory actions proposed in
 this document are part of the Agency's reregistration program under the
 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the
 tolerance reassessment requirements of the Federal Food, Drug, and
 Cosmetic Act (FFDCA). By law, EPA is required to reassess 33% of the
 tolerances in exi stence on August 2, 1996, by August 1999, or about
 3,200 tolerances. The regulatory actions proposed in this document
 pertain to the proposed revocation of 29 tolerances and/or exemptions,
 which would be counted among reassessments made toward the August, 1999
 review deadline of FFDCA section 408(q), as amended by the Food Quality
 Protection Act (FQPA) of 1996.

 DATES: Comments must be received on or before June 22, 1999.

 ADDRESSES: Comments may be submitted by mail, electronically, or in
 person. Please follow the detailed instructions for each method as
 provided in Unit IV of the SUPPLEMENTARY INFORMATION section of this
 notice. Be sure to identify the appropriate docket number [OPP-300847].

 FOR FURTHER INFORMATION CONTACT: For technical information contact:
 Joseph Nevola, Special Review Branch, (7508C), Special Review and
 Reregistration Division, Office of Pesticide Programs, U.S.
 Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
 Office location: Special Review Branch, Crysta l Mall #2, 6th floor,
 1921 Jefferson Davis Hwy., Arlington, VA. Telephone: (703) 308-8037; e-
 mail: nevola.joseph@epa.gov.

 SUPPLEMENTARY INFORMATION:

  I. What Is the Progress of Tolerance Reassessment?

     By law, EPA is required to reassess 33% of the tolerances in
 existence on August 2, 1996, by August 1999, or about 3,200 tolerances.
 The regulatory actions proposed in this document pertain to the
 proposed revocation of 29 tolerances and/or exemptions, which would be
 counted among reassessments mad e toward the August, 1999 review
 deadline of FFDCA section 408(q), as amended by the Food Quality
 Protection Act (FQPA) of 1996.

 II. Does this Notice Apply to Me?

     You may be affected by this notice if you sell, distribute,
 manufacture, or use pesticides for agricultural applications, process
 food, distribute or sell food, or implement governmental pesticide
 regulations. Pesticide reregistration and other actions [see FIFRA
 section 4(g)(2)] include tolerance and exemption reassessment under
 FFDC A section 408. Potentially affected categories and entities may
 include, but are not limited to:

 ------------------------------------------------------------------------
                                                Examples of Potentially
                  Category                         Affected Entities
 ------------------------------------------------------------------------

 Agricultural Stakeholders.................  Growers/Agricultural Workers
                                             Contractor s [Certified/
                                              Commercial Applicators,
                                              Handlers, Advisors, etc.]
                                             Commercial Processors
                                             Pesticide Manufacturers
                                             User Groups
                                             Food Consumers
 Food Distributors.........................  Wholesale Contractors
                                              Retail Vendors
                                             Commercial Traders/Importers
 Intergovernmental Stakeholders............  State, Local, and/or Tribal
                                              Government Agencies
 Foreign Entities..........................  Governments, Growers, Trade
                                              Groups
 ------------------------------------------------------------------------

     This table is not intended to be exhaustive, but rather provides a
 guide for reader s regarding entities likely to be affected by this
 action. Other types of entities not listed in this table could also be
 affected. If you have any questions regarding the applicability of this
 action to a particular entity, you can consult with the technical
 person listed in the "FOR FURTHER INFORMATION CONTACT" section.

 III. How Can I Get Additional Information or Copies of this or
 Other Support Documents?

 A. Electronically

     You may obtain electronic copies of this document and various
 suppo rt documents from the EPA Internet Home Page at http://
 www.epa.gov/. On the Home Page select "Laws and Regulations" and then
 look up the entry for this document under "Federal Register -
 Environmental Documents." You can also go directly to the "Federal
 Register" listings at http://www.epa.gov/homepage/fedrgstr/.

 B. In Person or by Phone

     If you have any questions or need additional information about this
 action, please contact the technical person

 [[Page 19962]]

 identified in the "FOR FU RTHER INFORMATION CONTACT" section. In
 addition, the official record for this notice, including the public
 version, has been established under docket control number [OPP-300847],
 (including comments and data submitted electronically as described
 below). A public version of this record, including printed, paper
 versions of any electronic comments, which does not include any
 information claimed as Confidential Business Information (CBI), is
 available for inspection in Room 119, Crystal Mall #2, 1921 J efferson
 Davis Hwy., Arlington VA, from 8:30 a.m. to 4 p.m., Monday through
 Friday, excluding legal holidays. The Public Information and Records
 Integrity Branch telephone number is 703-305-5805.

 IV. How Can I Respond to this Notice?

 A. How and to Whom Do I Submit Comments?

     You may submit comments through the mail, in person, or
 electronically. Be sure to identify the appropriate docket number
 (i.e., "[OPP-300847]") in your correspondence.
     1. By mail. Submit written comments, identified by  the docket
 control number [OPP-300847], to: Public Information and Records
 Integrity Branch, Information Resources and Services Division (7502C),
 Office of Pesticide Programs, U.S. Environmental Protection Agency, 401
 M St., SW., Washington, DC 20460.
     2. In person or by courier. Deliver written comments, identified by
 the docket control number [OPP-300847], to: Public Information and
 Records Integrity Branch, Office of Pesticide Programs, U.S.
 Environmental Protection Agency, Rm. 119, Crystal Ma ll #2, 1921
 Jefferson Davis Hwy., Arlington, VA.
     3. Electronically. Submit your comments and/or data electronically
 by E-mail to: oppt.ncic@epa.gov. Do not submit any information
 electronically that you consider to be CBI. Submit electronic comments
 in ASCII file format avoiding the use of special characters and any
 form of encryption. Comment and data will also be accepted on standard
 computer disks in WordPerfect 5.1/6.1 or ASCII file format. All
 comments and data in electronic form must be ide ntified by the
 appropriate docket control number [OPP-300847]. You may also file
 electronic comments and data online at many Federal Depository
 Libraries.

 B. How Should I Handle CBI Information in My Comments?

     You may claim information that you submit in response to this
 document as CBI by marking any part or all of that information as CBI.
 Information so marked will not be disclosed except in accordance with
 procedures set forth in 40 CFR part 2. A copy of the comment that does
 not contain CBI  must be submitted for inclusion in the public record.
 Information not marked confidential will be included in the public
 docket by EPA without prior notice. If you have any questions about CBI
 or the procedures for claiming CBI, please consult with the technical
 person identified in the "FOR FURTHER INFORMATION CONTACT" section.

 V. What Is a "Tolerance"?

     A "tolerance" represents the maximum level for residues of
 pesticide chemicals legally allowed in or on raw agricultural
 commodities and  processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et
 seq., as amended by the FQPA of 1996, Pub. L. 104-170, authorizes the
 establishment of tolerances (maximum residue levels), exemptions from
 the requirement of a tolerance, modifications in tolerances, and
 revocation of tolerances for residues of pesticide chemicals in or on
 raw agricultural commodities and processed foods. 21 U.S.C. 346(a).
 Without a tolerance or exemption, food containing pesticide residues is
 considered to be unsafe and there fore "adulterated" under section
 402(a) of the FFDCA. If food containing pesticide residues is
 considered to be "adulterated," you may not distribute the product in
 interstate commerce (21 U.S.C. 331(a) and 342(a)). For a food-use
 pesticide to be sold and distributed, the pesticide must not only have
 appropriate tolerances under the FFDCA, but also must be registered
 under section 3, section 5, or section 18 of FIFRA (7 U.S.C. et seq.).
 Food-use pesticides not registered in the United States have  tolerances
 for residues of pesticides in or on commodities imported into the
 United States.
     Monitoring and enforcement of pesticide tolerances and exemptions
 are carried out by the U.S. Food and Drug Administration (FDA) and the
 U.S. Department of Agriculture (USDA). This includes monitoring for
 pesticide residues in or on commodities imported into the United
 States.

 VI. Why Is EPA Proposing the Tolerance Actions Discussed below?

     EPA is proposing a number of tolerance commodity terminology
 changes to conform to current Agency practice, as discussed below. EPA
 is also proposing specific tolerance revocations to address canceled
 pesticides and uses of pesticides.
     It is EPA's general practice to propose revocation of tolerances
 for residues of pesticide active ingredients on crop uses for which
 FIFRA registrations no longer exist. EPA has historically expressed a
 concern that retention of tolerances that are not necessary to cover
 residues in or on legally treated foods has the potent ial to encourage
 misuse of pesticides within the United States. However, in accordance
 with FFDCA section 408, EPA will not revoke any tolerance or exemption
 proposed for revocation if any person demonstrates a need for the
 retention of the tolerance, and if retention of the tolerance will meet
 the tolerance standard established under FQPA. Generally, interested
 parties support the retention of such tolerances in order to permit
 treated commodities to be legally imported into the United States,
 sinc e raw agricultural commodities or processed food or feed
 commodities containing pesticide residues not covered by a tolerance or
 exemption are considered to be adulterated.
     Tolerances and exemptions established for pesticide chemicals with
 FIFRA registrations cover residues in or on both domestic and imported
 commodities. To retain these tolerances and exemptions, EPA must make a
 finding that the tolerances and exemptions are safe. To make this
 safety finding, EPA needs data and information indica ting that there is
 a reasonable certainty that no harm will result from aggregate exposure
 to the pesticide residues covered by the tolerances and exemptions.
     For tolerances without U.S. registrations, EPA requires the same
 toxicology and residue chemistry data needed to support U.S. food-use
 registrations. For import tolerances, EPA applies these data
 requirements on a case-by-case basis to account for specific growing
 conditions in foreign countries. (See 40 CFR part 158 for EPA's data
 requirem ents to support domestic use of a pesticide and the
 establishment and maintenance of a tolerance. EPA is developing a
 guidance concerning submissions for import tolerance support. This
 guidance will be made available to interested persons.) In most cases,
 EPA also requires residue chemistry data (crop field trials) that are
 representative of growing conditions in exporting countries in the same
 manner that EPA requires representative residue chemistry data from
 different U.S. regions to support domes tic use of a pesticide and any
 resulting tolerance(s)

 [[Page 19963]]

 or exemption(s). Good Laboratory Practice (GLP) requirements for
 studies submitted in support of tolerances and exemptions for import
 purposes only are the same as those for domestic purposes; i.e., the
 studies are required to either fully meet GLP standards, or have
 sufficient justification presented to show that deviations from GLP
 standards do not significantly affect the results of the studies.

  VII. Which Pesticides Are Cover ed by this Action?

     Bentazon (trade name Basagran) is a selective, contact, early
 postemergent herbicide registered for use on such food and feed crops
 as alfalfa, beans, corn, peanuts, peas, pepper, peppermint, rice,
 sorghum, soybeans, and spearmint. Bentazon is also registered for use
 on ornamental lawns and turf. It is manufactured by BASF Corporation.
     2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
 methylpropionitrile (Cyanazine; trade names Bladex, Cy-Pro, etc.) is a
 selective herbicide used to control annual broadleaf weeds, carpetweed,
 chickweed, corn spurry, mayweed, pigweed, and ragweed. It is
 manufactured by E.I. DuPont de Nemours and Company, Incorporated and
 Griffin Corporation.
     Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide
 (Dicrotophos; trade name Bidrin) is an insecticide used to control
 aphids, boll weevils, grasshoppers, gypsy moths, leafhoppers, and
 thrips. It is manufactured by Amvac Chemical Corporation.
     Diquat (trade name Diquat Herbicide) is  a non-selective contact
 herbicide, desiccant, and plant growth regulator for use as a general
 herbicide of broadleaf and grassy weeds in terrestrial non-crop and
 aquatic areas; as a desiccant in seed crops and potatoes; and for
 tassel control and spot weed control in sugarcane. Diquat is also used
 for aquatic, indoor, greenhouse, and terrestrial food crops; aquatic
 non-food industrial, outdoor, greenhouse, and residential; terrestrial
 feed crops, and outdoor residential uses. It is manufactured by Zeneca
 Ag Products.
     Ethephon (trade name Ethrel) is a plant growth regulator registered
 for use on a number of terrestrial food, feed, and nonfood crops,
 greenhouse nonfood crops, and outdoor residential plants. It is
 manufactured by Rhone-Poulenc Ag Company and Cedar Chemical
 Corporation.
     Oryzalin (trade name Surflan) is a herbicide used to control annual
 grasses and broadleaf weeds on berries, vine and orchard crops,
 Christmas tree plantations, commercial/industrial and recreation area
 lawns , golf course turf, residential lawns and turf, ornamental and/or
 shade trees, nonagricultural rights-of-way/fencerows, nonagricultural
 uncultivated and industrial areas, power stations, paths/patios and
 paved areas. Oryzalin is also used to control herbaceous plants, woody
 shrubs, and vines. It is manufactured by DowElanco.
     Oxadiazon (trade name Ronstar) is a herbicide used to control
 annual broadleaf weeds, barnyardgrass, carpetgrass, carpetweed,
 crabgrass, goosegrass, and quackgrass. It is manu factured by Rhone-
 Poulenc Ag Company.
     Picloram is a systemic herbicide used to control deeply rooted
 herbaceous weeds and woody plants in rights-of-ways, forestry,
 rangelands, pastures, and small grains. It is manufactured by
 DowElanco.
     Prometryn (trade names Caparol, Prometryne, etc.) is a herbicide
 used to control annual broadleaf weeds, barnyardgrass, carpetweed,
 chickweed, cottonweed, crabgrass, foxtail, goosegrass, nutsedge,
 pigweed, and ragweed. It is manufactured by Novartis Crop Prote ction,
 Inc. and Verolit Chemical Manufacturers Limited.
     Trifluralin (trade names Treflan, Triflurex, etc.) is a preemergent
 herbicide used to control annual grasses and broadleaf weeds on a
 variety of food crops and is also currently registered for nonfood
 uses, including residential use sites. It is manufactured by DowElanco,
 Makhteshim-Agan, Industria Prodotti Chimici S.P.A. (I.Pi.Ci.), Tri
 Corporation, and Albaugh Inc.

 VIII. What Action Is Being Taken?

     This notice proposes revocation of F FDCA tolerances for residues of
 the herbicides bentazon, 2-[[4-chloro-6-(ethylamino)-s-triazin-2-
 yl]amino]-2-methylpropionitrile (cyanazine), diquat, oxadiazon,
 picloram, prometryn, and trifluralin; the plant growth regulator
 ethephon, and the insecticide dimethyl phosphate of 3-hydroxy-N,N-
 dimethyl-cis-crotonamide (dicrotophos) in or on commodities listed in
 the regulatory text because these pesticides are not registered under
 FIFRA for uses on the commodities. The registrations for these
 pesticide  chemicals were canceled because the registrant failed to pay
 the required maintenance fee and/or the registrant voluntarily canceled
 one or more registered uses of the pesticide. It is EPA's general
 practice to propose revocation of those tolerances for residues of
 pesticide chemicals for which there are no active registrations under
 FIFRA, unless any person in comments on the proposal demonstrates a
 need for the tolerance to cover residues in or on imported commodities
 or domestic commodities legal ly treated.
     Changes in the commodity terminology and definitions are proposed
 for the aforementioned active ingredients and oryzalin, which does not
 have tolerance revocations proposed in this document, to conform to
 current Agency practice. These proposed changes are in accordance with
 the revised Crop Group Regulation (40 CFR 180.41) and the updated Table
 I "Raw Agricultural and Processed Commodities and Feedstuffs Derived
 from Crops" (August, 1996) in the Residue Chemistry Test Guidelines:
 O PPTS 860.1000 (EPA 721-C-96-169). Table I contains data on both crops
 and livestock diets, and lists feed commodities considered significant
 in livestock diets. Significant feedstuffs account for more than 99
 percent of the available annual tonnage (on-a dry-matter basis) of
 feedstuffs used in the domestic production of more than 95 percent of
 beef and dairy cattle, poultry, swine, milk, and eggs. EPA has devised
 criteria to include or exclude feedstuffs from Table I and sets
 tolerances for significa nt feedstuffs. Tolerances are not set for
 feedstuffs which are neither significant nor a human food. Pesticide
 residues on such feedstuffs are governed by tolerances on the commodity
 from which they are derived (62 FR 66020, December 17, 1997). These
 changes are technical in nature and have no effect on the scope of the
 tolerance.
     1. Bentazon. EPA proposes to revoke the tolerance for beans, lima
 (succulent) in 40 CFR 180.355(a) because residues in/on lima beans are
 covered under the tolerance for  (bean, succulent). EPA proposes to
 revoke tolerances for mint, spent hay and peanuts, forage because they
 are no longer considered to be significant livestock feed commodities.
 According to Table I, mint, spent hay and peanuts, forage are
 insignificant contributors to the livestock diet. Terminology changes
 for beans (except soybeans), dried to bean, dry, seed; beans (exc.
 soybeans), dried, vine hays to cowpea, hay; beans (exc. soybeans),
 forage to cowpea, forage; beans, succulent to bean, succulent ; Bohemian
 chili peppers to pepper, nonbell; cattle, mbyp to cattle, meat
 byproducts; corn, fodder to corn, field, stover; corn, forage to corn,
 field, forage; corn, grain to corn, field, grain; and corn, pop, grain;
 corn, fresh (inc. sweet K+CWHR) to corn, sweet, kernel plus cob with
 husks removed; eggs to egg; peanuts to peanut; peanuts, hay to peanut,
 hay; peas (dried) to pea, dry, seed; peas (dried), vine hays to pea,
 field, hay; peas, forage to pea,

 [[Page 19964]]

 field, vines; peas, succulent  to pea, succulent; poultry, mbyp to
 poultry, meat byproducts; and rice to rice, grain are proposed in the
 regulatory text.
     2. 2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
 methylpropionitrile; Cyanazine. EPA initiated a Special Review of
 cyanazine in November, 1994, based on concerns that cyanazine may pose
 a risk of inducing cancer in humans from dietary, occupational, and
 residential exposure. On August 2, 1995, E. I. DuPont de Nemours Co.,
 Inc. (DuPont) voluntarily proposed to amend its  cyanazine registrations
 to incrementally reduce cyanazine maximum application rates in 1997,
 1998, and 1999, and to terminate production for use in the United
 States by December 31, 1999. DuPont would modify the labels of
 cyanazine formulated end use products released for shipment by the
 registrant after July 25, 1996. Those modified labels would specify the
 maximum application rates during the phase-out, inform the public of
 the existing stocks provisions, and require the use of application
 equipm ent with enclosed cabs for applicators beginning in 1998. On
 November 8, 1995 (60 FR 56333) (FRL-4984-1), EPA announced receipt of a
 request from Ciba Geigy Corporation to voluntarily cancel its only
 product containing cyanazine effective February 6, 1996. After EPA
 initiated Special Review, Griffin Corporation had filed an application
 to register certain cyanazine end use products and subsequently agreed
 to the terms and conditions of registration that were proposed by
 DuPont. EPA granted Griffin's  applications and issued conditional
 registrations subject to those same terms and conditions. On March 1,
 1996 (61 FR 8186) (FRL-5352-6), EPA issued a notice of preliminary
 determination to terminate Special Review and a notice of receipt of
 requests for voluntary cancellation of cyanazine registrations from
 DuPont and from Griffin Corporation.
     In the Federal Register of July 25, 1996 (61 FR 39023)(FRL-5385-7)
 , EPA announced a final determination to terminate the cyanazine
 Special Review. In the  same notice, EPA accepted requests for the
 voluntary cancellation of cyanazine registrations effective December
 31, 1999 and ordered the cancellations to take effect on January 1,
 2000, authorized sale and distribution of such products in the channels
 of trade in accordance with their labels through September 30, 2002,
 and prohibited the use of cyanazine products after December 31, 2002.
 Therefore, EPA proposes to revoke the tolerances for cyanazine in 40
 CFR 180.307 with an expiration/revocation da te of April 1, 2003, to
 allow any treated commodities to pass through the channels of trade.
     Terminology changes in 40 CFR 180.300(a) for corn, fodder to corn,
 field, stover; corn, forage to corn, field, forage; corn, fresh
 (including sweet K+CWHR) to corn, sweet, kernel plus cob with husks
 removed; corn, grain to corn, field, grain; and corn, pop, grain;
 cottonseed to cotton, undelinted seed; sorghum, fodder to sorghum,
 grain, stover; sorghum, forage to sorghum, forage, forage; sorghum,
 grain to  sorghum, grain, grain; and wheat, forage (green) to wheat,
 forage are proposed in the regulatory text.
     3. Dimethyl phosphate of 3-hydroxy-N,N-dimethyl-cis-crotonamide;
 Dicrotophos. EPA proposes to revoke the tolerance for pecans in 40 CFR
 180.299. No active registration exists.
     4. Diquat. EPA proposes to revoke the tolerance for sugarcane in 40
 CFR 180.226(a) because no registered use exists. Also, since the Agency
 no longer requires tolerances for residues in potable water (47 FR
 25746, Dece mber 15, 1982), the tolerance for diquat has been replaced
 with a designated maximum contaminant level (MCLG) at 0.02 mg/L for
 residues of diquat dibromide in potable water (57 FR 31776, July 17,
 1992). Therefore, EPA proposes to revoke the tolerance for diquat in
 potable water in 40 CFR 185.2500(a) and the tolerance for diquat in
 potable water in Sec. 185.2500(b). In Sec. 180.226(a), the table
 commodity terminology is changed for potatoes to potato; and in
 Sec. 180.226(b), the table commodity termin ology is changed for
 avocados to avocado; cottonseed to cotton, undelinted seed; cucurbits
 to vegetable, cucurbit, group; fruits, citrus to fruit, citrus, group;
 fruits, pome to fruit, pome, group; fruits, stone to fruit, stone,
 group; grasses, forage to grass, forage; hops to hop, dried cones;
 legumes, forage to vegetable, foliage of legume, group; nuts to nut,
 tree, group; sugarcane to sugarcane, cane; vegetables, fruiting to
 vegetable, fruiting, group; and vegetables, root crop to vegetable,
 root  and tuber, group. In Sec. 185.2500, the terminology is changed for
 processed potatoes (includes potato chips) to potato, granules/flakes
 and potato, chips. These terminology changes are proposed in the
 regulatory text.
     5. Ethephon. EPA proposes to revoke the tolerances for filberts,
 lemons, tangerines, and tangerine hybrids in 40 CFR 180.300(a) because
 no registered uses exist. EPA proposes to revoke the tolerances for
 pineapple fodder, and pineapple forage, because they are no longer
 considered  raw agricultural commodities. Terminology changes in 40 CFR
 180.300(a) for figs to fig; goats, fat to goat, fat; horses, meat to
 horse, meat; macadamia nuts to nut, macadamia; pineapples to pineapple;
 pumpkins to pumpkin; and tomatoes to tomato are given in the regulatory
 text. Also, terminology changes in 40 CFR 185.2700 for barley, milling
 fractions, except flour to barley, pearled barley and barley, bran; and
 wheat, milling fractions, except flour to wheat, bran; wheat,
 middlings; and wheat, shor ts; and in Sec. 186.2700(a) for wheat,
 milling fractions, except flour to wheat, milled byproducts are
 proposed in the regulatory text.
     6. Oryzalin. The terminology revision in 40 CFR 180.304(a) for figs
 to fig; kiwifruits to kiwifruit; nuts to nut, tree, group; and olives
 to olive are proposed in the regulatory text.
     7. Oxadiazon. The tolerance for rice straw in 40 CFR 180.346 is
 being proposed for revocation because no registered use exists.
     8. Picloram. The tolerances for flax, seed and  flax, straw in 40
 CFR 180.292 are being proposed for revocation because no registered
 uses exist. Terminology changes for cattle, mbyp (exc. kidney and
 liver) to cattle, meat byproducts except kidney and liver; eggs to egg;
 goats, fat to goat, fat; goats, mbyp (exc. kidney and liver) to goat,
 meat byproducts except kidney and liver; goats, meat to goat, meat;
 grasses, forage to grass, forage; hogs, mbyp (exc. kidney and liver) to
 hog, meat byproducts except kidney and liver; horses, mbyp (exc. kidney
 and liver) to horse, meat byproducts except kidney and liver; oats,
 green forage to oat, forage; sheep, mbyp (exc. kidney and liver) to
 sheep, meat byproducts except kidney and liver; and wheat, green forage
 to wheat, forage are proposed in the regulatory text.
     9. Prometryn. EPA is proposing to revise the terminology for cotton
 in 40 CFR 180.222(a) to cotton, forage and to revoke the tolerance
 because cotton, forage is no longer considered a significant livestock
 feed commodity according to Tabl e I.
     10. Trifluralin. In 40 CFR 180.207 EPA proposes to remove the
 "(N)" designation from all entries to conform to current Agency
 administrative practice ("N" designation means negligible residues).
 EPA proposes to revoke the tolerance for barley, fodder because barley,
 fodder is no longer considered a raw agricultural commodity.
 Terminology changes for carrots to carrot, roots; citrus fruits to
 fruit, citrus, group; corn, grain (exc. popcorn) to corn, field, grain;
 corn, grain (exc. popcorn ), forage to corn,

 [[Page 19965]]

 field, forage; corn, grain (exc. popcorn), fodder to corn, field,
 stover; cottonseed to cotton, undelinted seed; cucurbits to vegetable,
 cucurbit, group; grain, crops (except fresh corn and rice grain) to
 grain, crops, except corn, sweet and rice grain; mung bean sprouts to
 bean, mung, sprouts; nuts to nut, tree, group; peanuts to peanut;
 peppermint, hay to peppermint, tops; rape, seed to rapeseed, seed;
 spearmint, hay to spearmint, tops; stone fruits to fruit, ston e, group;
 sugarcane to sugarcane, cane; sunflower seed to sunflower, seed; upland
 cress to cress, upland; and vegetables, fruiting to vegetable,
 fruiting, group are proposed in the regulatory text.

 IX. When Do These Actions Become Effective?

     With the exception of cyanazine, for which EPA proposes an
 expiration/revocation date of April 1, 2003, EPA proposes that these
 actions become effective 90 days following publication of a final rule
 in the Federal Register. EPA has proposed delaying the effe ctiveness of
 these revocations for 90 days following publication of a final rule to
 ensure that all affected parties receive notice of EPA's action. For
 this particular proposed rule, with the exception of cyanazine, the
 actions will affect uses which have been canceled for more than a year.
 This should ensure that commodities have cleared the channels of trade.
 Therefore, EPA believes revocation after a 90-day period following
 publication of a final rule should be reasonable. However, if EPA is
 pre sented with information that there are existing stocks still
 available for use, and that information is verifiable, then EPA will
 consider extending the expiration date of the tolerance. If you have
 comments regarding existing stocks, please submit comments as described
 in Unit IV of the SUPPLEMENTARY INFORMATION section of this notice.
     Any commodities listed in the regulatory text of this notice that
 are treated with the pesticides subject to this notice, and that are in
 the channels of trade fol lowing the tolerance revocations, shall be
 subject to FFDCA section 408(1)(5), as established by FQPA. Under this
 section, any residue of these pesticides in or on such food shall not
 render the food adulterated so long as it is shown to the satisfaction
 of FDA that, (1) the residue is present as the result of an application
 or use of the pesticide at a time and in a manner that was lawful under
 FIFRA, and (2) the residue does not exceed the level that was
 authorized at the time of the application or  use to be present on the
 food under a tolerance or exemption from tolerance. Evidence to show
 that food was lawfully treated may include records that verify the
 dates that the pesticide was applied to such food.

 X. What Can I Do If I Wish the Agency to Maintain a Tolerance That
 the Agency Proposes to Revoke?

     In addition to submitting comments in response to this notice, you
 may also submit an objection after EPA issues a final rule. If you fail
 to file an objection to the final rule within the  time period
 specified, you will have waived the right to raise any issues resolved
 in the final rule. After the specified time, the issues resolved in the
 final rule cannot be raised again in any subsequent proceedings.
     This proposed rule provides a comment period of 60 days for any
 interested person to demonstrate a need for retaining a tolerance, if
 retention of the tolerance will meet the tolerance standard established
 under FQPA. If EPA receives within that 60-day period a comment to that
 eff ect, EPA will not proceed to revoke the tolerance immediately.
 However, EPA will take steps to ensure the submission of any needed
 supporting data and will issue an order in the Federal Register under
 FFDCA section 408(f) if needed. The order would specify the data
 needed, the time frames for its submission, and would require that
 within 90 days some person or persons notify EPA that they will submit
 the data. If the data are not submitted as required in the order, EPA
 will take appropriate action un der FIFRA or FFDCA.

 XI. How Do the Regulatory Assessment Requirements Apply to this
 Proposed Action?

  A. Is this a "Significant Regulatory Action"?

     No. Under Executive Order 12866, entitled Regulatory Planning and
 Review (58 FR 51735, October 4, 1993), this proposed action is not a
 "significant regulatory action". The Office of Management and Budget
 (OMB) has determined that tolerance actions, in general, are not
 "significant" unless the action involves the revocation of a
 tolerance that  may result in a substantial adverse and material affect
 on the economy. In addition, this proposed action is not subject to
 Executive Order 13045, entitled Protection of Children from
 Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
 1997), because this proposed action is not an economically significant
 regulatory action as defined by Executive Order 12866. Nonetheless,
 environmental health and safety risks to children are considered by the
 Agency when determining appropriate tolera nces. Under FQPA, EPA is
 required to apply an additional 10-fold safety factor to risk
 assessments in order to ensure the protection of infants and children
 unless reliable data supports a different safety factor.

 B. Does this Proposed Action Contain Any Reporting or Recordkeeping
 Requirements?

     No. This proposed action does not impose any information collection
 requirements subject to OMB review or approval pursuant to the
 Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

 C. Does this Proposed  Action Involve Any "Unfunded Mandates"?

     No. This proposed action does not impose any enforceable duty, or
 contain any "unfunded mandates" as described in Title II of the
 Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

  D. Do Executive Orders 12875 and 13084 Require EPA to Consult with
 States and Indian Tribal Governments Prior to Taking the Action
 Proposed in this Document?

     No. Under Executive Order 12875, entitled Enhancing
 Intergovernmental Partnerships (58 FR 58093, October 28,  1993), EPA may
 not issue a regulation that is not required by statute and that creates
 a mandate upon a State, local or tribal government, unless the Federal
 government provides the funds necessary to pay the direct compliance
 costs incurred by those governments. If the mandate is unfunded, EPA
 must provide to the OMB a description of the extent of EPA's prior
 consultation with representatives of affected State, local and tribal
 governments, the nature of their concerns, copies of any written
 commun ications from the governments, and a statement supporting the
 need to issue the regulation. In addition, Executive Order 12875
 requires EPA to develop an effective process permitting elected
 officials and other representatives of State, local and tribal
 governments "to provide meaningful and timely input in the development
 of regulatory proposals containing significant unfunded mandates."
     Today's proposed rule does not create an unfunded Federal mandate
 on State, local or tribal governments. The  proposed rule does not
 impose any enforceable duties on these entities. Accordingly, the
 requirements of section 1(a) of Executive Order 12875 do not apply to
 this proposed rule.
     Under Executive Order 13084, entitled Consultation and Coordination

 [[Page 19966]]

 with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not
 issue a regulation that is not required by statute, that significantly
 or uniquely affects the communities of Indian tribal governments, and
 that imposes substantial  direct compliance costs on those communities,
 unless the Federal government provides the funds necessary to pay the
 direct compliance costs incurred by the tribal governments. If the
 mandate is unfunded, EPA must provide OMB, in a separately identified
 section of the preamble to the rule, a description of the extent of
 EPA's prior consultation with representatives of affected tribal
 governments, a summary of the nature of their concerns, and a statement
 supporting the need to issue the regulation. In addition, Executive
 Order 13084 requires EPA to develop an effective process permitting
 elected and other representatives of Indian tribal governments "to
 provide meaningful and timely input in the development of regulatory
 policies on matters that significantly or uniquely affect their
 communities."
     Today's proposed rule does not significantly or uniquely affect the
 communities of Indian tribal governments. This proposed action does not
 involve or impose any requirements that affect Indian Tribes.
 Accordingly, the requirements of section 3(b) of Executive Order 13084
 do not apply to this proposed rule.

 E. Does this Proposed Action Involve Any Environmental Justice Issues?

     No. This proposed rule does not involve special considerations of
 environmental-justice related issues pursuant to Executive Order 12898,
 entitled Federal Actions to Address Environmental Justice in Minority
 Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

 F. Does this Proposed Action Have a Potentially Significant Impact on a
 Substantial Number of Small Entities?

     No. The Agency has certified that tolerance actions, including the
 tolerance proposed actions in this document, are not likely to result
 in a significant adverse economic impact on a substantial number of
 small entities. The factual basis for the Agency's determination, along
 with its generic certification under section 605(b) of the Regulatory
 Flexibility Act (RFA) (5 U.S.C. 601 et seq.), appears at 63 FR 55565,
 October 16, 1998 (FRL-6035-7). This generic certification has been
 provided to the Chief Counsel for Advocacy of the Small Business
 Administration.

 G. Does this Proposed Action Involve Technical Standards?

     No. This tolerance proposed action does not involve any technical
 standards that would require Agency consideration of voluntary
 consensus standards pursuant to section 12(d) of the National
 Technology Transfer and Advancement Act of 1995 (NTTAA), Pub. L. 104-
 113, Section 12(d) (15 U.S.C. 272 note). Section 12(d) directs EPA to
 use voluntary consensus standards in its regulatory activities unless
 to do so would be inconsistent with applicable law or otherwise
 impractical. Voluntary consensus standards are technical standards
 (e.g., materials specifications, test methods, sampling procedures,
 business practices, etc.) that are developed or adopted by voluntary
 consensus standards bodies. The NTTAA requires EPA to provide Congress,
 through OMB, explanations when the Agency decides not to use available
 and applicable voluntary consensus standards. EPA invites public
 comment on this conclusion.

  H. Are There Any International Trade Issues Raised by this Proposed
 Action?

     The proposed revocations in this document will not become final if
 comments are received which demonstrate the need to maintain the
 tolerance to cover residues in or on imported commodities. However,
 data must be submitted to support the continued tolerance. The U.S. EPA
 is developing a guidance concerning submissions for import tolerance
 support. This guidance will be made available to interested persons.

  I. Is this Proposed Action Subject to Review under the Congressional
 Review Act?

     No. This proposed action is not a final rule. Under 5 U.S.C.
 801(a)(1)(A) of the Administrative Procedure Act (APA) as amended by
 the Small Business Regulatory Enforcement Fairness Act of 1996 (Title
 II of Pub. L. 104-121, 110 Stat. 847), only final rules must be
 submitted to the U.S. Senate, the U.S. House of Representatives, and
 the Comptroller General of the United States prior to publication in
 the Federal Register.

 List of Subjects

 40 CFR Part 180

     Environmental protection, Administrative practice and procedure,
 Agricultural commodities, Pesticides and pests, Reporting and record
 keeping requirements.

  40 CFR Part 185

     Environmental protection, Food additives, Pesticides and pests.

 40 CFR Part 186

     Environmental protection, Animal feeds, Pesticides and pests.

     Dated: April 12, 1999.

 Lois Rossi,

 Director, Special Review and Reregistration Division, Office of
 Pesticide Programs.
     Therefore, it is proposed that 40 CFR parts 180, 185, and 186 be
 amended as follows:

 PART 180--[AMENDED]

     1. In part 180:
     a. The authority citation for part 180 continues to read as
 follows:

     Authority: 21 U.S.C. 321(q), 346a and 371.

 Sec. 180.207 [Amended]

     b. Section Sec. 180.207 is amended as follows:
     1. In the table to paragraph (a) remove the "(N)" designation
 from all entries and remove the entry for "barley, fodder". Also,
 remove the terms listed in the first column below and add in their
 place in alphabetical order the terms listed in the second column:

 ------------------------------------------------------------------------
                   Remove                                 Add
 ------------------------------------------------------------------------

 Carrots...................................  Carrot, roots
 Citrus fruits.............................  Fruit, citrus, group
 Corn, grain (exc. popcorn)................  Corn, field, grain
 Corn, grain (exc. popcorn), fodder........   Corn, field, stover
 Corn, grain (exc. popcorn) forage.........  Corn, field, forage
 Cottonseed................................   Cotton, undelinted seed
 Cucurbits.................................  Vegetable, cucurbit, group
 Grain, crops (except fresh corn and rice    Grain, crops, except corn,
  grain).                                     sweet and rice grain
 Mung bean sprouts.........................   Bean, mung, sprouts
 Nuts......................................  Nut, tree, group
 Peanuts...................................  Peanut
 Peppermint, hay...........................  Peppermint, tops
 Rape, seed................................   Rapeseed, seed
 Spearmint, hay............................   Spearmint, tops
 Stone fruits..............................   Fruit, stone, group
 Sugarcane.................................   Sugarcane, cane
 Sunflower seed............................   Sunflower, seed
 Upland cress..............................   Cress, upland
 Vegetables, fruiting......................   Vegetable, fruiting, group
 ------------------------------------------------------------------------

 Sec. 180.222 [Amended]

     c. In Sec. 180.222, in paragraph (a), the table is amended by
 removing the entry for "cotton."

 [[Page 19967]]

 180.226 [Amended]

     d. Section 180.226 is amended as follows:
     1. In paragraph (a), the table is amended by removing the entry for
 "sugarcane" and revising the term "potatoes" to read "potato".
     2. In the table to paragraph (b) remove the terms listed in the
 first column below and add in their place in alphabetical order the
 terms listed in the second column below:

 ------------------------------------------------------------------------
                   Remove                                 Add
 ------------------------------------------------------------------------
 Avocados..................................  Avocado
 Cottonseed................................  Cotton, undelinted seed
 Cucurbits.................................  Vegetable, cucurbit, group
 Fruits, citrus............................  Fruit, citrus, group
 Fruits, pome..............................  Fruit, pome, group
 Fruits, stone.............................  fruit, stone, group
 Grasses, forage...........................  Grass, forage
 Hops......................................  Hop, dried cones
 Legumes, forage...........................  Vegetable, foliage of
                                              legume, group
 Nuts......................................  Nut, tree, group
 Sugarcane.................................  Sugarcane, cane
 Vegetables, fruiting......................  Vegetable, fruiting, group
 Vegetables, root crop.....................  Vegetable, root and tuber,
                                              group.
 ------------------------------------------------------------------------

 Sec. 180.292 [Amended]

     e. In Sec. 180.292, in the table to paragraph (a)(1) remove the
 entries for "flax, seed"; and "flax, straw" and remove the entries
 listed in the first column of the table below and add the entries
 listed in the second column in place thereof in alphabetical order.

 ------------------------------------------------------------------------
                   Remove                                 Add
 ------------------------------------------------------------------------
 Cattle, mbyp (exc. kidney and liver)......  Cattle, meat byproducts
                                              except kidney and liver
 Eggs......................................  Egg
 Goats, fat................................  Goat, fat
 Goats, mbyp (exc. kidney and liver).......  Goat, meat byproducts except
                                              kidney and liver
 Goats, meat...............................  Goat, meat
 Grasses, forage...........................  Grass, forage
  Hogs, mbyp (exc. kidney and liver).......  Hog, meat byproducts except
                                              kidney and liver
 Horses, mbyp (exc. kidney and liver)......  Horse, meat byproducts
                                              except kidney and liver
 Oats, green forage........................  Oat, forage
 Sheep, mbyp (exc. kidney and liver).......  Sheep, meat byproducts
                                              except kidney and liver
 Wheat, green forage.......................  Wheat, forage
 ------------------------------------------------------------------------

 Sec. 180.299 [Amended]

     f. In Sec. 180.299, remove the entry for "pecans."

 180.300 [Amended]

     g. In Sec. 180.300(a) remove from the table the entries for
 filberts; lemons; pineapple fodder; pineapple forage; tangerines, and
 tangerine hybrids and remove the terms listed in the first column of
 the table below and add the term listed in the second column in place
 thereof in alphabetical order.

 ------------------------------------------------------------------------
                   Remove                                 Add
 ------------------------------------------------------------------------
 Figs......................................  Fig
 Goats, fat................................  Goat, fat
 Horses, meat..............................  Horse, meat
 Macadamia nuts............................  Nut, macadamia
 Pineapples................................  Pineapple
 Pumpkins..................................  Pumpkin
 Tomatoes..................................  Tomato
 ------------------------------------------------------------------------

     h. Section 180.304 is amended as follows:
     1. By revising paragraph (a) introductory text to read as follows:

 Sec. 180.304   Oryzalin; tolerances for residues.

      (a) Tolerances are established for residues of the herbicide
 oryzalin (3,5-dinitro-N4,N4-
 dipropylsulfanilamide) in or on the following raw agricultural
 commodities:
 *    *    *    *    *

 Sec. 180.304 [Amended]

     2. In the table to Sec. 180.304(a) remove the terms listed in the
 first column below and add in place thereof in alphabetical order the
 terms listed in the second column.

 ------------------------------------------------------------------------
                   Remove                        Add In place thereof
 ------------------------------------------------------------------------
 Figs......................................  Fig
 Kiwifruits................................  Kiwifruit
 Nuts......................................  Nut, tree, group
 Olives....................................  Olive
 ------------------------------------------------------------------------

     i. In Sec. 180.307 the table is revised to read as follows:

 Sec. 180.307 2-[[4-chloro-6-(ethylamino)-s-triazin-2-yl]amino]-2-
 methylpropionitrile; tolerances for residues.

 *    *    *    *    *

 ------------------------------------------------------------------------
                                                              Expiration/
                    Commodity                     Parts per    revocation

                                                    million        date
 ------------------------------------------------------------------------
 Corn, field, forage...........................          0.2       4/1/03
 Corn, field, grain............................         0.05       4/1/03
 Corn, field, stover...........................          0.2       4/1/03
 Corn, pop, grain..............................         0.05       4/1/03
 Corn, sweet, kernel plus cob with husks                0.05       4/1/03
  removed......................................
 Cotton, undelinted seed.......................         0.05       4/1/03
 Sorghum, forage, forage.......................         0.05       4/1/03
 Sorghum, grain, grain.........................         0.05       4/1/03
 Sorghum, grain, stover........................         0.05       4/1/03
 Wheat, forage.................................          0.1       4/1/03
 Wheat, grain..................................          0.1       4/1/03
 Wheat, straw..................................          0.1       4/1/03
 ------------------------------------------------------------------------

 Sec. 180.346 [Amended]

     j. In Sec. 180.346(a) by removing the entry for "rice straw."

 Sec. 180.355 [Amended]

     k. Section 180.355 is amended as follows:
     1. In the table to paragraph (a), remove the entries for "beans,
 lima (succulent)"; "mint, spent hay" and "peanuts, forage"; and
 remove the terms listed in the first column below and add in place
 thereof in alphabetical order the terms listed in the second column.

 ------------------------------------------------------------------------
                   Remove                                 Add
 ------------------------------------------------------------------------
 Beans (except soybeans), dried............  Bean, dry, seed
 Beans (exc. soybeans), dried, vine hays...  Cowpea, hay
 Beans (exc. soybeans), forage.............  Cowpea, forage
 Beans, succulent..........................  Bean, succulent
 Bohemian chili peppers....................  Pepper, nonbell
 Cattle, mbyp..............................  Cattle, meat byproducts
 Corn, fodder..............................  Corn, field, stover
 Corn, forage..............................  Corn, field, forage
 Corn, fresh (inc. sweet K+CWHR)...........  Corn, sweet, kernel plus cob
                                              with husks removed
 Corn, grain...............................  Corn, field, grain
 Eggs......................................  Egg
 Peanuts...................................  Peanut
 Peanuts, hay..............................  Peanut, hay
 Peas (dried)..............................  Pea, dry, seed
 Peas (dried), vine hays...................  Pea, field, hay
 Peas, forage..............................  Pea, field, vines
 Peas, succulent...........................  Pea, succulent
 Poultry, mbyp.............................  Poultry, meat byproducts
 Rice......................................  Rice, grain
 ------------------------------------------------------------------------

     2. Section 18 0.355 is further amended by adding alphabetically an
 entry to the table in paragraph (a) for corn, pop, grain to read as
 follows:

 Sec. 180.355  Bentazon; tolerances for residues.

     (a) * * *

 [[Page 19968]]

 ------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
 ------------------------------------------------------------------------

                   *        *        *        *        *
 Corn, pop, grain...........................................         0.05
                   *        *        *        *        *
 ------------------------------------------------------------------------

 PART 185--[AMENDED]

     2. In part 185:
     a. The authority citation for part 185 continues to read as
 follows:
     Authority: 21 U.S.C. 348.

     b. By revising Sec. 185.2500 to read as follows:

 Sec. 185.2500 Diquat.

     A food additive regulation of 0 .5 part per million is established
 for residues of diquat in potato, granules/flakes and potato, chips.

 Sec. 185.2700 [Amended]

     c. In Sec. 185.2700, the table is revised to read as follows:

 Sec. 185.2700  Ethephon.

 *    *    *    *    *

 --------------------------------------------------------
                    Food              Parts per million
 --------------------------------------------------------
 Barley, pearled barley and barley, bran...  5.0
 garcane, molasses.......................    1.5
 Wheat, bran, wheat, middlings, and wheat,   5.0
  shorts.
 --------------------------------------------------------

 PART 186--[AMENDED]

     3. In part 186:
     a. The authority citation for part 186 continues to read as
 follows:
     Authority: 21 U.S.C. 348.

 Sec. 186.2700 [Amended]

      b. In Sec. 186.2700(a) by revising the term, "wheat, milling
 fractions, except flour" to read "wheat, milled byproducts".

 [FR Doc. 99-9725 Filed 4-22-99; 8:45 am]
 BILLING CODE 6560-50-F